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11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a pre-application investigation of the soils found <br />within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided <br />information which demonstrates that lands within the permit area, which could be used as <br />cropland, are not irrigated or naturally sub-irrigated, have no dependable water supply of <br />adequate quality, and receive less than 14 inches of annual precipitation. Therefore, the <br />Division hereby renders a negative determination for the presence of prime farmland within <br />the permit area. (2.07.6(2)(k)). <br /> <br />12. Based on information provided in the application, the Division has determined that two <br />alluvial valley floors (AVFs) exist near the permit area: the Yampa River AVF and the <br />Williams Fork River AVF. The Division finds that the surface coal mining operations <br />proposed by PR7will not affect either AVF. <br /> <br />For additional specific findings concerning these AVFs, please refer to Section B, XVII. <br /> <br />13. The Division hereby approves the post-mining land uses of the operation. It was determined <br />that rangeland and cropland meet the requirements of Rule 4.16 for the permit area. <br />(2.07.6(2)(1)). <br /> <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B. (2.07.6(2)(m)). <br /> <br />15. iew of RN6, the Office of Surface Mining (OSM) <br />began a Biological Assessment for the Trapper Mine. The OSM initiated a Section 7 <br />consultation under the Endangered Species Act based upon Trappers estimate of a net <br />annual water depletion of 160.10 ac/ft at the Trapper Mine. In a letter from OSM dated July <br />5, 2013 and received by the Division on July 5, 2013, OSM acknowledged that of the known <br />Federal threatened, endangered or candidate species for the Federal leases of the areas <br />proposed to be affected by RN6, the following determinations were made: <br /> <br /> Activities associated with RN6 Canada lynx, Mexican spotted owl, Ute <br />tresses orchid, yellow-billed cuckoo and the back-footed ferret. OSM made a <br />determination that the operation <br />existence of the endangered bonytail chub, humpback chub, Colorado pikeminnow and the <br />razorback sucker. is not likely to <br />sage grouse. <br /> <br /> OSM submitted their Biological Assessment that included the above-mentioned <br />determinations of effects to the USFWS on February 28, 2013. On March 22, 2013, the US <br />Fish and Wildlife Service (USFWS) requested further information on the increased annual <br />water depletion. In response, Trapper submitted a new water depletion estimate for the year <br />2013 to the Division which increased the annual water depletion from 150.2 to 160.1 ac/ft. <br />The USFWS then sent a letter on April 5, 2013 which stated that Trapper Mining Inc. had to <br />comply with the Recovery Implementation Recovery Action Plan discussed in detail within <br />the final programmatic biological opinion (BO) on the Management Plan for Endangered <br /> <br /> <br />26 <br /> <br />Trapper MineJuly 9, 2013 <br /> <br />